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i. Preservation of death, birth and other statistics j. Money lending and trade
k. Jhum cultivation.
35. The following sectors and sources shall be included in the taxes, rates, tolls and fees to be imposed by the Council as stated in the second schedule:
. Registration fee from non-mechanical transports a. Tax on sale and purchase of goods
b. Holding tax from land and buildings c. Tax from sale of domestic animals d. Fees from cases of social justice
e. Holding tax on government and non-government industries f. Part of royalty from forest resources
g. Suplementary tax from cinema, theatre and circus etc.
h. Part of royalty from licence or lease for exploration and extraction of mineral resources given by the government
i. Tax from business j. Tax from lottery k. Tax from fishing.
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Among the non-tribal men members 2 persons shall be elected from each district. Among the tribal women members 1 woman shall be elected from the Chakma tribe and 1
woman from other tribes.
4. 3 (three) seats shall be reserved for women in the Council. One-third shall be non-tribals.
5. The members of the Council shall be elected indirectly by the elected members of the Hill District Councils. Chairman of three Hill District Councils shall be ex-officio members of the Council and they shall have voting rights.
Eligibility and non-eligibility of the members of the Council shall be similar to that of the Hill District Council.
6. The term of the Council shall be 5 (five) years.
7. There shall be a chief executive officer in the Council equivalent to a Joint Secretary and priority to a tribal candidate shall be given in appointment to this post.
8.
a. If the office of the Chairman of the Council falls vacant then a Chairman shall be elected from among the tribal members for an interim period by the members of Hill District Councils.
b. If any office of a member of the Council falls vacant on any reason, then that shall be filled through by-election.
9.
a. The Council shall supervise and co-ordinate the subjects vested under the Hill District Councils including co-ordination of all development activities conducted under the three Hill District Councils. Besides these, if there is found any lack of co-ordination and inconsistency among the three Hill District Councils in
discharging their responsibilities the decision of the Regional Council shall be taken as final.
b. The Council shall supervise and co-ordinate local councils including the municipalities.
c. Regional Council may co-ordinate and supervise in the matters of general administration, law and order and development of the three Hill Districts.
d. The Council may co-ordinate the activities of the NGOs along with conducting of management of calamities and relief works.
e. Tribal laws and social justice shall be under the control of the Council.
f. The Council may issue licence for heavy industry.
10. The CHT Development Board shall discharge its responsibilities under general and overall supervision of the Council. In case of appointment of Chairman of the Development Board competent tribal candidate shall be given priority.
11. If the Regional Council finds any rule of the 1900 CHT Regulation and other related laws, rules and ordinances contradictory to the 1989 Hill District Council Acts then the govt shall remove that inconsistency by law according to recommendation of and in consultation with the Regional Council.
12. Until and unless Regional Council is constituted through direct and indirect election, the government may by constituting an interim Regional Council, entrust the responsibilities of the Council.
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13. If the govt. makes any law on CHT it shall be in having discussion and in consultation with the Regional Council. If there arises the necessity to amend any such law or to make any new law which may be harmful for development of the 3 Hill District or the welfare of the tribals, the Council may file a petition or put recommendation to the govt.
14. The fund of the Council shall be created from the following sources:
a. fund received from the Hill District Councils' fund
b. money or profits from all properties vested in and managed by the Regional Council
c. grant and loan from the govt or any other authority d. grant from any institution or individual
e. profit accruing from investment by the Regional Council f. any other moneys received by the Regional Council
g. money received from such sources of incomes as the govt may direct to be placed at the disposal of the Regional Council.
D) REHABILITATION, GENERAL AMNESTY AND OTHER MATTERS 1. An agreement has been signed between the govt and the refugee leaders on March 9,
1997 with an aim to take back the tribal refugees from India's Tripura State based on the 20-Point Facilities Package. In accordance with the said agreement repatriation of the refugees started since March 28, 1997. This process shall continue and with this in view, the JSS shall provide all kinds of possible co-operation. The internal tribal evacuees of 3 districts shall, after determination, be rehabilitated by the Task Force.
2. After signing agreement between the govt and the JSS and implementation of it as well as after rehabilitation of the tribal refugees and internal tribal evacuees the govt shall start survey of land in CHT as soon as possible and after proper inquires ownership of land shall be recorded and ensured.
3. The govt shall ensure providing two acres of lands to each landless family and the family who possesses less than 2 acres of lands, provided lands were available in the local areas.
If requisite lands are not available, then grove land shall be provided.
4. A commission (land commission) headed by a retired justice shall be formed for settling land disputes. This commission, in addition to settle disputes of lands of the rehabilitated tribal refugees, shall have fullest power for cancellation of ownership of those lands and hills which have been so far illegally settled and occupied. No appeal can be made against the judgement of this commission and decision of this commission shall be final.
This (arrangement) shall be applicable in case of fringe land also.
5. This commission shall be set up with the following members:
a. Retired justice
b. Circle Chief (concerned)
c. Chairman of the Regional Council/representative d. Divisional Commissioner/Additional Commissioner e. Hill District Council Chairman (concerned).
6.
a. The term of the commission shall be three years. But the term of it can be extended in consultation with the Regional Council.
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b. Commission shall settle disputes according to the existing rules, customs and usages of Chittagong Hill Tracts.
7. The tribal refugees who received loan from the govt but could not use them properly due to conflicting situation shall be exempted with the interests.
8. Allotment of lands for rubber plantation and other purposes: All the non tribals and non-locals who were given in settlement of lands for rubber plantation and other purposes but had not implemented any projects within the past 10 years or had not utilised their lands properly, settlement of these lands shall be cancelled.
9. The govt shall allot additional fund, on priority basis, with an aim to implement more number of projects in CHT. New projects formulated with an aim of making necessary superstructures for development in the area, shall be implemented on priority basis and the govt shall provide fund for these purposes. The govt shall, having consideration about the environment in the region, encourage to develop tourism for tourists from the country and abroad.
10. Quota reservation and scholarships: - Until development equal to other region of the country tho govt shall continue reservation of quota system in govt services and educational institutions for the tribals. With an aim to this purpose, the govt shall grant more scholarships for the tribal students in the educational institution. The govt shall provide necessary scholarships for research works and receiving higher education in abroad.
11. The govt and elected representative shall make efforts to maintain separate culture and tradition of the tribals. The govt in order to develop the tribal cultural activities at the national level it shall provide necessary patronisation and assistance.
12. The Jana Samhati Samiti shall submit to the govt the lists of its all members including the armed ones and the arms and ammunition under its possession and control within 45 days of signing this agreement.
13. The government and the Jana Samhati Samiti jointly shall determine the date and place for depositing arms within the 45 days of signing this agreement. After determination of date and place for depositing arms by the members included in the list of the Jana Samhati Samiti the govt shall ensure security for return of JSS members and their family members to normal life.
14. The govt shall declare amnesty for the members who shall deposit their arms and
ammunition on the scheduled date. The govt shall withdraw the cases against whom cases have been lodged.
15. If anyone fails to deposit arms on the scheduled date the govt shall take lawful measures against him.
16. After the return of all JSS members to normal life general amnesty shall be given to them and the permanent residents who were involved in the activities of the JSS.
a. In order to providing rehabilitation to all returnee JSS members a lump sum of Taka 50,000/- shall be given to each family.
b. All the JSS members including the armed ones against whom cases have been lodged, warrant of arrest and police circular for apprehension issued and punishment has been sentenced/inflicted in the absence, after surrendering of arms and return to normal life all the cases, warrants of arrest, police circulars and punishment sentenced in the absence against them shall be exempted as soon as possible. If JSS members are detained in the jails they also shall be released.
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c. Similarly, after surrendering of arms and return to normal life no cases can be lodged, warrant issued and punishment inflicted against anyone only for the reason that he was a JSS member.
d. All the members of the JSS who took loans from various banks and organisations of the govt but could not utilise them properly those loans including the interests shall be exempted.
e. The JSS members who were posted in the services of the govt or govt institutions they shall be reinstated in their own posts and services and the JSS members and their family members shall be given appointment in accordance with their competence. In this case, the rule of the govt for relaxation of age shall be followed.
f. The JSS members shall be provided bank loans on easier terms and conditions to give assistance for cottage industry, horticulture etc. self-employment activities.
g. The children of JSS members shall be provided educational facilities and their certificates received from foreign educational Boards and institutions shall be taken as valid.
17. After signing the agreement between the government and the Jana Samhati Samiti and immediately after the return of the JSS members to normal life all the temporary camps of military, Ansar and Village Defence Party shall be taken back to permanent
installations except the Border Security Force (BDR) and permanent cantonments (3 at the 3 District Hqs. and Alikadam, Ruma and Dighinala) by phases and with this in view, time limit shall be determined. In case of deterioration of law and order situation, natural calamity and such other works the army can be deployed under the civil administration like all other parts in the country as per necessary laws and rules. In this case, Regional Council may, according to necessity or time, request the proper authority for the purpose of getting assistance.
18. Permanent residents of CHT, on priority basis to the tribals, shall be appointed to all posts of officers and employees at all levels of govt, semi-govt, council offices and autonomous bodies in CHT.
Provided that in case of non-availability of qualified candidate among the permanent residents of CHT for a particular post, appointment in that post may be made on deputation from the govt for a term of certain period.
19. A ministry on Chittagong Hill Tracts Affairs shall be established by appointing a Minister from among the tribals. An Advisory Council shall be formed to assist this ministry with the persons stated below -
1. Minister on CHT Affairs
2. Chairman/representative, Regional Council
3. Chairman/representative, Rangamati Hill District Council 4. Chairman/representative, Bandarban Hill District Council 5. Chairman/representative, Khagrachari Hill District Council 6. Member of Parliament, Rangamati
7. Member of Parliament, Khagrachari 8. Member of Parliament, Bandarban 9. Chakma Raja
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10. Bohmong Rnja 11. Mong Raja
12. Three members from non-tribal permanent residents of Hilly areas nominated by the government from three Hill Districts.
This agreement is framed as above in Bengali language and is done and signed in Dhaka on the date of 02 December, 1997 as per 18 Agrahayan 1404 Bengali year.
On behalf of the inhabitants of Chittagong Hill Tracts
SD/-
(Jyotirindra Bodhipriya Larma) President
Parbattya Chattagram Jana Samhati Samiti
On behalf of the government of the Peoples Republic of Bangladesh
SD/-
(Abul Hasanat Abdullah) Convenor
Hill Tracts Affairs, government of Bangladesh
Source:
http://www.satp.org/satporgtp/countries/bangladesh/document/actandordinances/CHT1990.HTM (Last viewed on 8th March 2018).
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Appendix 2
Table: Population Distribution in the CHT
Bandarban Khagrachari Rangamati Total % Pahari % Total
Chakma 77477 161960 260445 499882 59.12 31.28
Marma - 67011 51235 118246 13.98 7.40
Mro (Mru) 38021 - - 38021 4.5 2.38
Tanchangya - - 27052 27052 3.20 1.69
Tripura 20685 86190 - 106881 12.64 6.69
Others 36218 1820 17421 55459 6.56 3.47
Total Pahari
172401 316987 356153 845541 100.00
Bengali 215934 296930 239826 752690 47.10
Total 1598231 100.00
Source: Bangladesh Census 2011, Bangladesh Bureau of Statistics
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Appendix 3
Photo: Nari Sanghati brings out a procession in Dhaka on Friday in demand of justice for two Marma sisters, who have recently raped and molested by men in military uniforms. NEWAGE Bangladesh, 24th February, 2018
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Appendix 4
Photo: Members of four Chak families have taken refuge at Chak Headman Para Government Primary School in Bandarban's Naikkhangchhari upazila on Friday after allegedly being threatened with life by criminals to leave their homes in Kanai Thong Chak Para village. Three other families of the community were sheltered by their relatives in the upazila. The photo was taken on Monday. The Daily Star, 21 February 2018.
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Appendix 5
https://www.facebook.com/devasish.roywangza/posts/1704048436312702 Rajbari, Rangamati
Chittagong Hill Tracts Bangladesh
Statement by Raja Devasish Roy, Chakma Chief,
& Rani Yan Yan, Adviser to the Chakma Circle,
on the Assault on Rani Yan Yan at Rangamati General Hospital on 15 February 2018
Chakma Circle Chief Raja Devasish Roy's spouse Rani Yan Yan was assaulted on Thursday, 15 February 2018 around 7-8 pm while she was at the Rangamati General Hospital with two girls from her community, who were sexually violated on 22 January. The following account is based on her own narrative and that of a woman volunteer who was also assaulted along with her.
Around 12 noon on 15 February, a large number of policemen in uniform and around 10 plains clothed men brought the victims’ parents to the ward where the victims have been unlawfully confined since 24 January. The police produced an order from the High Court and asked the parents to take their daughters away. Both of the victims refused to leave with their parents. The police repeatedly told the parents to grab them and take them away (‘dhore niye jaan’).
At one point, being so incited by the police, the father slapped one of the victims and at another point, the mother slapped another one of the victims. Rani and her volunteers intervened.
Additional Superintendent of Police (ASP) Siddiqui ordered the women police to drag the victims out of the ward. Rani and the volunteers intervened stating that the court order, although providing custody to the parents, did not provide for the use of force to take them away against their wishes, and therefore, that the victims would have to be arrested in order to be forcibly taken away from the hospital.
When the victims requested to see their lawyers, who were refused entry to the hospital ward at that point of time by uniformed police and plains clothed men, this was at first refused. After the Rani and the volunteers intervened, the victims’ lawyers were reluctantly allowed to enter the ward but were only allowed 10 minutes.
The police repeatedly asked the Rani and the volunteers to leave the scene. They refused.
Around 4pm, all the volunteers were ordered to leave the ward. One of the volunteers (a 21-year-old young woman) refused to leave the side of the Rani and she stayed with her as the events unfolded.
Around 6 pm, the police locked the door of the ward. The Rani and the sole woman volunteer could see through an upstairs window that uniformed soldiers of the army and plains clothed men were chasing away all the people who were present on the road in front of the hospital entrances on two sides.
Around 7 pm, the lights of the corridors of both the 1st floor and 2nd floor and common public spaces were turned off.
Around 7-30 pm, eight to ten women in civilian clothes, wearing scarves and/or mouth masks, and around six men in civilian clothes wearing mouth masks, and who were issuing orders to the group
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of women, entered the ward and attacked the Rani and the woman volunteer in the presence of the victims, their parents and their 10-year old brother. The masks of some of the men and women came off during the scuffle, but they did not seem to care to put them on again.
They kicked and punched Rani Yan Yan and the other woman volunteer, who were both thrown to the ground and beaten further. The volunteer was not only beaten, but sexually molested by the men, while the women held her and dragged her down the stairs. Both were dragged out physically into the corridor and then downstairs. This group was then joined by another six men downstairs, in civilian clothes.
After dragging the Rani and the woman volunteer downstairs, the group of attackers separated the two, and while they took the Rani to the rear corridor, they took the volunteer to the corridor leading to the front foyer.
While the Rani was being beaten and dragged to the rear corridor leading to the rear entrance of the hospital, she heard the attackers saying: "If we are to finish this off, we cannot do it here, it has to be done outside the hospital," (‘Shesh Korte Holei Ekhaane Kawra Jaabe Na, Korle Hashpataler Baaire Korte Hobei’).
She was thrown out of the hospital with a punch on her left side of the head, probably to make her disoriented.
She saw more plains clothed men outside. However, it was a well-lit premise and people gathered in front of different structures within the hospital premises could see her and the plains clothes men. The plains clothes men kept an eye on her. Rani took that chance of visibility, and ran to the nearest boundary wall and crossed over it. She ran for 10-15 minutes in the dark and found herself at the lakeside. She immersed herself in the water and stayed there for about half an hour.
Later she made her way to a nearby house, and sought refuge and help. The family contacted her relatives, who came and transported her to a safer location.
In the meantime, the woman volunteer was taken to the front entrance, where a silver-coloured van, along with jeeps (SUVs), was stationed. The attackers kept her on the floor, occasionally beating her, while others brought the victims and their parents from upstairs and put them into the van. During the chaos of putting the victims into the van, the volunteer seized the opportunity and ran upstairs; and hid herself in one of the wards’ store rooms.
From there she rang others, including Chakma Chief, Raja Devasish Roy, letting them know what had happened and that she didn’t know where the Rani was, as she had last seen the Rani being dragged along the rear entrance corridor. The Chakma Chief, also an advocate at the High Court Division, was at the time boarding a plane from Dhaka to travel to Chittagong, after having addressed the Hon’ble High Court Division and the Hon’ble Appellate Division's Chamber Judge on the matter.
Raja Devasish Roy Rani Yan Yan
Chakma Raja Adviser to the Chakma Circle
Rangamati, Chittagong Hill Tracts, Dated, 16 February 2018